- Associated Press - Wednesday, June 15, 2016

PHILADELPHIA (AP) - An appeals court has overturned a nearly $1 million sanction levied against a Philadelphia-area lawyer whose witness elicited banned testimony that caused a mistrial in a medical malpractice case.

The Philadelphia Inquirer reports (https://bit.ly/1rqCptP ) the court found that instructions given by Common Pleas Judge Paul Panepinto were vague.

Panepinto says lawyer Nancy Raynor failed to instruct the witness that he could not say the patient in a medical malpractice case had smoked. Raynor had insisted the witness referenced the patient’s smoking despite her warnings.

Trial technician Joseph Chapman testified at March hearing that he heard Raynor tell the witness not to mention the patient’s smoking, supporting Raynor’s claim.

The appeals court says Panepinto’s instructions left open the possibility that the testimony was permissible.

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Information from: The Philadelphia Inquirer, https://www.inquirer.com


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